• Sale of undivided share in property

Hello,

A property of two storied building with land is owned by 3 relatives in Delhi. The mutation is in their 3 names. There is no partition deed. Can one owner sell his/her undivided share to a third party without a partition deed? In the sales deed if the two other owners sign as witnesses, is that enough? What documents do we require?

Thank you!
Asked 2 years ago in Property Law from Delhi, Delhi
The joint nature of property is no bar to selling individual shares. Any of the 3 owners can sell his share to any one he so desires. The signature of other 2 owners as witnesses on the sale deed will not make the sale deed attain legal character greater than it would have attained if it were signed by some one else.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
no
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
No objection certificate is not required to sell individual shares. The other owners may though release their share in favour of the owner who desires to sell the property.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.

 The transferee steps into the shoes of his transferor ie the co-owner, and is clothed with all the rights and becomes subject to all the liabilities of his transferor.
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Yes, the undivided share can be transferred by way of registered sale deed signed by the other two owners as witnesses.  But  later the purchaser will give legal notice to the all the owners to to demarcate his property out of the undivided property.  If there is no response from them, the purchaser can file a partition suit before the concerned civil court. 

To transfer the property you require the document showing how you got the property (i.e. your vendor sale deed and its link document), Encumbrance certificate, Municipal Tax, Clearance or update payment of electricity, water bills etc and ofcourse a legal opinion from your lawyer verifying the title of the property.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1) yes your understanding is correct . seller has sold you his interest  in property by registered sale deed . you are absolute owner of said share . in the partition suit you have to make the other 2 co owners party to the proceedings .
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
There is no objection from your vendor.  If you file a suit, naturally in the written statement (counter) your vendor admits the fact.  Where as the real dispute will be with the other 2 co-owners.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Your understanding is correct. If the buyer goes to court the proceedings will be between him and the remaining owners. The vendor will not be a party as he ceased to be the owner of his share in the property after he made the sale deed in favour of the purchaser.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0